The Gist Lawless: A Storm of Shade and Sneering
7 snips
Jun 5, 2025 
Leah Litman, a law professor at the University of Michigan and co-host of Strict Scrutiny, dives into the partisan roots of originalism and its implications on critical court decisions like Roe v. Wade. She creatively connects pop culture to legal critiques, referencing works like The Barbie Movie and Arrested Development to illuminate conservative judicial trends. The conversation also touches on the chaotic NYC mayoral debate and offers a fresh perspective on voter turnout after Shelby County v. Holder, indicating that perceived suppression might actually galvanize marginalized voters.
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Originalism Masks Partisan Agenda
- Originalism is a jurisprudence developed to roll back civil libertarianism and egalitarianism of the Warren Court.
- It serves as a flexible method to advance conservative social policies and partisan aims.
Originalism Coded Roe Overruling
- Originalism provides a coded way to overrule Roe without explicitly stating it amid growing unpopularity.
- It allows justices to advance conservative goals under the guise of interpreting the Constitution.
Regret Argument Lacks Factual Basis
- Justice Kennedy's statement that some women regret abortion was used to justify restrictions despite lacking supporting data.
- Studies show women who are denied abortions experience more regret than those who have them, challenging that rationale.
